Occupy Trenton Wins Free Speech Case

by: Rosi Efthim

Mon Nov 07, 2011 at 07:18:20 PM EST

Occupy Trenton, the 24/7 protest against vast economic disparities now one month old has won its case against the state. Superior Court Judge Mary C. Jacobson has validated the free speech rights of the Trenton protesters maintaining active vigil through all weather. All the supplies confiscated from the occupiers October 14th must now be returned to them by Nov. 14. That's computers and keyboards, cameras and signs - the very elements that define their exercise of this unique protest - as well as the stuff that supplies the occupiers themselves, like medicine, coolers, food and the warm clothes taken from them.

OT's case was taken up by ACLU-NJ Legal Director Ed Barocas and cooperating attorneys Bennet Zurofsky and David Perry Davis. Barocas:

"This is a victory in our efforts to secure full free rights for Occupy Trenton. The state cannot arbitrarily create restrictive policies just because it does not like how people are using a public space."

That public space is the World War II Memorial Park directly across from the State House and within sight of legislators and visitors going in and out. Judge Jacobson granted a temporary restraining order preventing the state from enforcing some of the "rules" issued in a letter from Raymond L. Zawacki, Deputy Commissioner for Veterans Affairs, a letter protesters say was read to them but not shown to them.

The Judge granted a temporary restraining order preventing the state from enforcing some of the "rules" issued in a letter from Raymond L. Zawacki, the Deputy Commissioner for Veterans Affairs in the Department of Military and Veterans Affairs, in response to the Occupy Trenton demonstration that began in Veterans Park on October 6. The ACLU suit claims the state imposed restrictions that, as lead attorney Zurofsky said, were essentially "made up on the spot" after the state saw what was happening on West State Street, didn't like it much and scrambled for a way to put an end to it.

The Judge confirms the protesters must be allowed to maintain continuous 24-hour presence at the park, but tents and other structures may not be set up.

Read the brief. ACLU-NJ heads back to court December 19 for another hearing on this matter. Live stream and chat with Occupy Trenton here. Follow on Twitter: @Occupy_Trenton.

Rosi Efthim :: Occupy Trenton Wins Free Speech Case